It is the purpose of this article to establish
a Downtown Smart Growth Overlay District and to encourage smart growth
in accordance with the purposes of MGL Chapter 40R, and to foster
a range of housing opportunities along with a mixed use development
component, to be proposed in a distinctive and attractive site development
program that promotes compact design, preservation of open space,
and a variety of transportation options, including enhanced pedestrian
access to employment and nearby rail access. Other objectives of this
article are to:

Enable the City to receive zoning incentive payments
and/or density bonus payments in accordance with MGL Chapter 40R,
760 CMR 59.06, and MGL Chapter 40S, arising from the development of
housing in the DSGOD.

For purposes of this Article XIV, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or this Article XIV, or as set forth in the rules and regulations of the Permit Approval Authority ("Regulations"). To the extent that there is any conflict between the definitions set forth in this Article XIV and the Enabling Laws, the terms of the Enabling Laws shall govern.

A residential use that permits up to 50% of the gross floor
area of a residential dwelling unit to be used for the production
of, showing, and sale of arts and crafts made on the premises by the
occupant of said unit. Additionally, for the purposes of this DSGOD,
this term shall also mean a building or buildings where a portion
of the total space is used for residential purposes and other portions,
not to exceed 50% of the gross floor area of a building or buildings,
for the production, showing, and sale of arts and crafts produced
by the residents thereof.

A multifamily development, mixed use development, or townhouse development allowed under § 255-124 as of right without recourse to a special permit, variance, zoning amendment, or other form of zoning relief.

An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUDs rules for attribution of income
to assets.

For purposes of reviewing Project applications and issuing
decisions on development Projects within the DSGOD, the City Council,
consistent with MGL Chapter 40R and 760 CMR 59.00, shall be the Plan
Approval Authority (the "PAA"), and is authorized to approve a site
plan to implement a Project.

Active recreational uses, including but not limited to ball
fields; and passive recreational uses, including but not limited to
walking and bicycle paths. Amusements or motorized uses shall not
be considered eligible recreational uses.

Establishment. The Downtown Smart Growth Overlay District,
hereinafter referred to as the DSGOD, is an overlay district having
a land area of approximately 58 gross acres in size that is superimposed
over the underlying zoning district applicable to a portion of the
property shown on the map entitled "Downtown Smart Growth Overlay
District," dated November 23, 2015 (the "DSGOD Map"). This map is
hereby made a part of the Zoning Ordinance and is on file in the office
of the City Clerk.

Underlying zoning. The DSGOD is an overlay district superimposed on all underlying zoning districts. When a building permit is issued for any Project approved in accordance with this Article XIV, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to § 255-130 for such Project.

In accordance with the provisions of MGL Chapter 40R and 760 CMR 59.00, an Applicant for a Project located within the DSGOD may seek Plan Approval in accordance with the requirements of this Article XIV. In such case, then notwithstanding anything to the contrary in this Zoning Ordinance, such application shall not be subject to any other provisions of this Zoning Ordinance, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations.

The PAA, as a condition of any Plan Approval,
may require a Project to be phased to mitigate any extraordinary adverse
Project impacts on nearby properties. For Projects that are approved
and developed in phases, the proportion of Affordable units and the
proportion of market rate units shall be consistent across all phases.

Marketing plan. Prior to granting Plan Approval for housing within the DSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including individuals, households with children, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to § 255-130 below, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

Number of Affordable Housing units. For all Projects,
not less than 20% of housing units constructed shall be Affordable
Housing. For purposes of calculating the number of units of Affordable
Housing required, any fractional unit of 0.5 or greater shall be deemed
to constitute a whole unit.

For an Affordable Rental Unit, the monthly rent payment,
including utilities and parking, shall not exceed 30% of the maximum
monthly income permissible for an Eligible Household, assuming a family
size equal to the number of bedrooms in the unit plus one, unless
other affordable program rent limits approved by the DHCD shall apply.

For an Affordable Homeownership Unit the monthly housing
payment, including mortgage principal and interest, private mortgage
insurance, property taxes, condominium and/or homeowner's association
fees, insurance, and parking, shall not exceed 30% of the maximum
monthly income permissible for an Eligible Household, assuming a family
size equal to the number of bedrooms in the unit plus one.

The DSGOD shall not include the imposition of restrictions
on age upon the entire district, but the development of specific Projects
within the district may be exclusively for the elderly, persons with
disabilities, or for assisted living, provided that any such Project
shall be in compliance with all applicable fair housing laws and not
less than 25% of the housing units in such a restricted Project shall
be restricted as Affordable Housing. Any Project which includes age-restricted
residential units shall comply with applicable federal, state and
local fair housing laws and regulations.

Design and construction. Units of Affordable Housing
shall be finished housing units. Units of Affordable Housing shall
be dispersed throughout the development of which they are part and
have exteriors that are equivalent in design and materials to the
exteriors of other housing units in the development. The total number
of bedrooms in the Affordable Housing shall, insofar as practicable,
be proportionate to the number of bedrooms in all units in the Project
of which Affordable Housing is part.

Affordable Housing Restriction. Each unit of Affordable
Housing shall be subject to an Affordable Housing Restriction which
is recorded with the appropriate registry of deeds or district registry
of the Land Court and which contains the following:

A description of the Affordable Homeownership Unit,
if any, by address and number of bedrooms; and a description of the
overall quantity and number of bedrooms and number of bedroom types
of Affordable Rental Units in a Project or portion of a Project which
are rental. Such restriction shall apply individually to the specifically
identified Affordable Homeownership Unit and shall apply to a percentage
of rental units of a rental Project without specific unit identification.

Reference to a housing marketing and resident selection
plan, to which the Affordable Housing is subject, and which includes
an affirmative fair housing marketing program, including public notice
and a fair resident selection process. The housing marketing and selection
plan may provide for preferences in resident selection to the extent
consistent with applicable law for the Affordable Housing Units; the
plan shall designate the household size appropriate for a unit with
respect to bedroom size and provide that the preference for such Unit
shall be given to a household of the appropriate size;

A requirement that buyers or tenants will be selected
at the initial sale or initial rental and upon all subsequent sales
and rentals from a list of Eligible Households compiled in accordance
with the housing marketing and selection plan;

Designation of the priority of the Affordable Housing
Restriction over other mortgages and restrictions, provided that a
first mortgage of a Homeownership Housing Unit to a commercial lender
in an amount less than maximum resale price may have priority over
the Affordable Housing Restriction if required by then current practice
of commercial mortgage lenders;

Provision that the restriction on an Affordable
Homeownership Unit shall run in favor of the administering agency
and the City, in a form approved by municipal counsel, and shall limit
initial sale and re-sale to and occupancy by an Eligible Household;

Provision that the restriction on Affordable
Rental Units in a rental Project or rental portion of a Project shall
run with the rental Project or rental portion of a Project and shall
run in favor of the Administering Agency and the City, in a form approved
by municipal counsel, and shall limit rental and occupancy to an Eligible
Household;

Provision that the owner[s] or manager[s] of
Affordable Rental Unit[s] shall file an annual report to the administering
agency, in a form specified by that agency certifying compliance with
the Affordability provisions of this article and containing such other
information as may be reasonably requested in order to ensure affordability;

Administering agency. An administering agency which
may be the Local Housing Authority, or other qualified housing entity
(the "Administering Agency") shall be designated by the PAA as the
Administering Agency for all Projects in the DSGOD. In a case where
the Administering Agency cannot adequately carry out its administrative
duties, upon certification of this fact by the PAA or by DHCD, such
duties shall devolve to and thereafter be administered by a qualified
housing entity designated by the PAA or, in the absence of such timely
designation, by an entity designated by the DHCD. In any event, such
Administering Agency shall ensure the following both prior to issuance
of a building permit for a Project within the DSGOD and on a continuing
basis thereafter, as the case may be:

Sales and rentals are made to Eligible Households
chosen in accordance with the housing marketing and resident selection
plan with appropriate unit size for each household being properly
determined and proper preference being given;

Housing marketing and selection plan. The housing
marketing and selection plan may make provision for payment by the
Project applicant of reasonable costs to the administering agency
to develop, advertise, and maintain the list of Eligible Households
and to monitor and enforce compliance with affordability requirements.
Such payment shall not exceed 1/2% of the amount of rents of Affordable
Rental Units (payable annually) or 1% of the sale or resale prices
of Affordable Homeownership Units (payable upon each such sale or
resale), as applicable.

Computation. Prior to the granting of any Plan Approval
of a Project, the applicant for such building permit must demonstrate,
to the satisfaction of the Administering Agency, that the method by
which such affordable rents or affordable purchase prices are computed
shall be consistent with state or federal guidelines for affordability
applicable to Haverhill;

High Density 220 — Subzone A. The density in
Subzone A shall be 220 dwellings as of right per acre. In the alternative,
where an existing building is rehabilitated, the density (number of
dwelling units) shall be the gross square feet contained in the existing
building, minus 25%, divided by 1,200 square feet.

High Density 120 — Subzone B. The density in
Subzone B shall be 120 dwellings as of right per acre. In the alternative,
where an existing building is rehabilitated, the density (number of
dwelling units) shall be the gross square feet contained in the existing
building, minus 25%, divided by 1,200 square feet.

High Density 65 — Subzone C. The density in
Subzone C shall be 65 dwellings as of right per acre. In the alternative,
where an existing building is rehabilitated, the density (number of
dwelling units) shall be the gross square feet contained in the existing
building, minus 25%, divided by 1,200 square feet.

General. The purpose of these parking requirements
is to encourage the use of public transportation and to make the downtown
more pedestrian friendly. Parking requirements within the DSGOD are
as follows.

Shared parking. The use of shared parking to fulfill
parking demands noted above that occur at different times of day may
be considered by the PAA. Minimum parking requirements above may be
reduced at the discretion of the PAA if the applicant can demonstrate
that shared spaces will meet parking demands by using accepted methodologies
(e.g., the Urban Land Institute Shared Parking Report, ITE Shared
Parking Guidelines, or other approved studies). The applicant is encouraged
to use the public parking facilities available in the downtown area
and to lease those facilities in non-peak hours.

Reduction of parking requirement. The required amount
of parking may be reduced at the discretion of the PAA upon a showing
that the lesser amount of parking will not cause excessive congestion,
endanger public safety, or that lesser amount of parking will provide
positive environmental or other benefits. The PAA may consider:

Such other factors as may be considered by the PAA,
including whether the reduction of the parking requirement is likely
to encourage the use of public transportation or encourage a proposed
development to be more pedestrian friendly.

Signs shall conform to the requirements for C districts set forth in Article VII of the Zoning Ordinance dated in effect as of August 8, 2006; provided, however, that §§ 255-35C and 255-36I shall not apply in the DSGOD.

When dumpsters, utility meters, mechanical units and
service areas cannot be located away from the street front, they shall
be screened from view and shall not be located in the pedestrian right-of-way.

High Density 220 — Subzone A: Existing structures
within the High Density 220 — Subzone A are eight-plus story
mill structures. It is anticipated that housing production within
Subzone A will take place entirely as redevelopment of existing buildings.

Some mixed use is required on the first floor,
restricted to allowed nonresidential uses, where oriented towards
the street. No mixed use shall take place other than on the first
floor. Not more than 5% of the gross floor area of the structure shall
be devoted to such mixed use.

High Density 120 — Subzone B: Existing structures
within the High Density 120 — Subzone B are seven-plus story
mill structures. It is anticipated that housing production within
Subzone B will take place entirely as redevelopment of existing buildings.

Some mixed use is required on the first floor,
restricted to allowed nonresidential uses, where oriented towards
the street. No mixed use shall take place other than on the first
floor. Not more than 5% of the gross floor area of the structure shall
be devoted to such mixed use.

High Density 65 — Subzone C: Existing structures
within the High Density 65 — Subzone C are eight-plus story
mill structures. It is anticipated that housing production within
Subzone C will take place entirely as redevelopment of existing buildings.

Some mixed use is required on the first floor,
restricted to allowed nonresidential uses, where oriented towards
the street. No mixed use shall take place other than on the first
floor. Not more than 5% of the gross floor area of the structure shall
be devoted to such mixed use.

Buildings shall be designed in a manner so as
to present a "front" facade to both the Washington Street streetscape
as well as to the riverfront. Dual entries from Washington Street
and from the riverfront facade are required to promote the City's
vision for an active, public downtown waterfront.

Maximum height shall not exceed six stories
overall, with a four-story maximum at Washington Street. If higher
than four stories, building shall step from Washington Street frontage
from the front cornice line along a 45° bulk control plane which
begins at the cornice height at the front lot line.

In exchange for an easement for the public's
right to pass from Washington Street to the City's planned Riverwalk,
a proposed project may request an increase in height and density from
standard dimensional regulations contained herein. No building shall
exceed a maximum height of eight stories under any circumstances.
The PAA will weigh the value of the proposed public benefit against
any potential impacts when deciding whether to grant such a request.

Required submittals. The application for Plan Approval
shall be accompanied by 20 copies of the following plans and documents,
which shall demonstrate consistency with the standards set forth in
this DSGOD. All site plans shall be prepared by a certified architect,
landscape architect, and/or a civil engineer registered in the Commonwealth
of Massachusetts. All landscape plans shall be prepared by a certified
landscape architect registered in the Commonwealth of Massachusetts.
All building elevations shall be prepared by a certified architect
registered in the Commonwealth of Massachusetts. All plans shall be
signed and stamped, and drawings prepared at a scale of one inch equals
40 feet or larger, or at a scale as approved in advance by the PAA,
and shall show the following:

The proposed residential density in terms of
dwelling units per acre and types of proposed commercial uses in terms
of the respective floor area, and recreation areas, and number of
units proposed by type: number of one-bedroom units, two-bedroom units,
etc., if appropriate.

Typical unit floor plan for residential uses.
(Floor plan should be indicated for each type of unit proposed: either
one bedroom, two bedrooms or more.) The area in square feet of each
typical unit should be indicated.

Rehabilitation plan. If living quarters are to be
rehabilitated, or areas to be converted into living quarters, in addition
to the required site plan, nine copies of the following described
plan shall be furnished:

An elevation of the parts of the building where outside
stairways or fire escapes are to be located. The plans and elevations
shall be clearly illustrated. The size of each plan shall be 11 inches
by 17 inches or 22 inches; it shall be drawn to scale 1/4 inch equals
one foot.

Records. All plans and elevations presented with the
application shall remain a part of the records of the PAA. The provision
of the plan and the application shall be the sole responsibility of
the applicant.

Filing. An applicant for Plan Approval shall file
the application and all required submittals with the City Clerk and
shall also file forthwith the required number of copies of the application
form and the other required submittals as set forth above with the
PAA including notice of the date of filing with the City Clerk.

Circulation to other boards. Upon receipt of the Application,
the PAA shall immediately provide a copy of the application materials
to the Planning Board, Board of Appeals, Board of Health, Conservation
Commission, Fire Department, Police Department, Building Commissioner,
Department of Public Works, Community Development, and other municipal
officers, agencies or boards designated by the PAA for comment, and
any such board, agency or officer shall provide any written comments
within 60 days of its receipt of a copy of the plan and application
for approval.

Hearing. The PAA shall hold a public hearing for which
notice has been given as provided in MGL c. 40A, § 11. The
decision of the PAA shall be made, and a written notice of the decision
filed with the City Clerk, within 120 days of the receipt of the application
by the City Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the City Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and site plan.

Peer review. The applicant shall be required to pay
for reasonable consulting fees to provide peer review of the Plan
Approval application, pursuant to MGL c. 40R, § 11. Such
fees shall be held by the City in a separate account and used only
for expenses associated with the review of the application by outside
consultants, including, but not limited to, attorneys, engineers,
urban designers, architects, housing consultants, planners, and others.
Any surplus remaining after the completion of such review, including
any interest accrued, shall be returned to the applicant.

Waivers. Except where expressly prohibited herein, upon the request of the Applicant, the Plan Approval Authority may waive dimensional and other requirements of this Article XIV in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the DSGOD, or if it finds that such waiver will allow the Project to achieve the density, affordability, mix of uses, and/or physical character allowable under this Article XIV.

Plan review. An Application for Plan Approval shall
be reviewed for consistency with the purpose and intent of this article,
and such Plan Review shall be construed as an as-of-right review and
approval process as required by and in accordance with the Enabling
Laws.

Form of decision. The PAA shall issue to the applicant
a copy of its decision containing the name and address of the owner,
identifying the land affected, and the plans that were the subject
of the decision, and certifying that a copy of the decision has been
filed with the City Clerk and that all plans referred to in the decision
are on file with the PAA. If 20 days have elapsed after the decision
has been filed in the office of the City Clerk without an appeal having
been filed or if such appeal, having been filed, is dismissed or denied,
the City Clerk shall so certify on a copy of the decision. If a plan
is approved by reason of the failure of the PAA to timely act, the
City Clerk shall make such certification on a copy of the application.
A copy of the decision or application bearing such certification shall
be recorded in the registry of deeds for the county and district in
which the land is located and indexed in the grantor index under the
name of the owner of record or recorded and noted on the owner's certificate
of title. The fee for recording or registering shall be paid by the
applicant.

Minor change. After Plan Approval, an applicant may
apply to make minor changes involving minor utility or building orientation
adjustments, or minor adjustments to parking or other site details
that do not affect the overall buildout or building envelope of the
site, or provision of open space, number of housing units, or housing
need or affordability features. Such minor changes must be submitted
to the PAA on redlined prints of the approved plan, reflecting the
proposed change, and on application forms provided by the PAA. The
PAA may authorize such changes at any regularly scheduled meeting,
without the need to hold a public hearing. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
City Clerk.

Major change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to this Article XIV.

The provisions of the DSGOD shall be administered by the Building Inspector, except as otherwise provided herein. Any appeal arising out of action by the PAA regarding application for Plan Approval shall be governed by the applicable provisions of MGL c. 40R. Any other request for enforcement or appeal arising under this Article XIV shall be governed by the applicable provisions of MGL c. 40A.

If any provision of this Article XIV is found to be invalid by a court of competent jurisdiction, the remainder of Article XIV shall remain in full force. The invalidity of any provision of this Article XIV shall not affect the validity of the remainder of the City's Zoning Ordinance.